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Non-Custodial Sentencing Options in Malaysia (From Resource Material Series, No. 67, 88-92, 2005 -- See NCJ-214096)

NCJ Number
Runjit Singh a/l Jaswant Singh
Date Published
December 2005
5 pages
This paper provides an overview of Malaysia’s existing non-custodial measures used in law enforcement, as well as post-sentencing options used in corrections to cope with the swelling prison population and the use of these non-custodial measures as reflected in the 1990 United Nations Standard Minimum Rules for Non-custodial Measures, known as the Tokyo Rules.
When incarcerated prisoners leave prison, they face stigma, exclusion, suspicion, and isolation which may lead them back to prison. Malaysian statistics show that about 50 percent of the offenders in prison are recidivists. In an attempt to avoid the undesirable effects of imprisonment, the United Nations Standard Minimum Rules for Non-custodial Measures or the Tokyo Rules were established in 1990 to encourage the promotion of non-custodial measures with regard to equality between the rights of offenders, the rights of victims, and the concern for public safety and crime prevention. The United Nations General Assembly recommended member states to implement the Tokyo Rules. This paper provides a comprehensive overview of the non-custodial sentencing orders as established under the Criminal Procedure Code (CPC) (Act 593 in the Laws of Malaysia series), the Offenders Compulsory Attendance Act 1954, Drug Dependents Act 1983, and the Child Act 2001. In addition, post-sentencing options are presented in the post-sentencing dispositions under the Tokyo Rules and in Malaysia as stated under the Prisons Regulations 2000.